Local Bankruptcy Attorney Says Protection Act Limits Automated Phone Contact


May 27, 2016

Our local bankruptcy attorney at Ziegler Law Office knows you’ve dreaded the phone call. You know the one, always from a different number.

Every time you pick up, you hear an automated message that urges you to buy some services or sign up for a product. Do you know, however, that this type of phone contact is limited by law and may be a direct violation of your rights? At the Law Office of Michael A. Ziegler, we fight to make sure our clients can stop telephone harassment.

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The Telephone Consumer Protection Act was passed in 1991 to create regulations that would protect consumers from endless telemarketing calls. At the time, consumers were being constantly and increasingly harassed by telemarketing phone calls and faxes, often using an Automatic Dialing System which would electronically search through and dial numbers at random.

The act regulates calls made by this type of system, and also certain pre-recorded or automated phone calls. The Act additionally protects consumers from automated text messages and faxes.

Under the Telephone Consumer Protection Act, unless the client has given prior consent, solicitors cannot call before 8 a.m. or after 9 p.m. The caller must also keep an updated Do Not Call list, which must be kept for five years, and is company specific.

If a consumer is on the National Do Not Call List, this must also be honored. Companies are required to check the national list as well as their own before calling a consumer, so receiving a call if you are registered on the national do not call list could mean a violation of your rights under the TCPA.

Solicitors are required under the TCPA to provide certain information when contacting a consumer that indicates their identity. The caller must provide you with their name, the name of who they represent, and a telephone number or address for contact of the person or entity they are representing.

If you are receiving phone calls that use an artificial voice or recording, they are in violation of the Telephone Consumer Protection Act, if they are attempting to solicit you. If you own a business, this can be an especially frustrating experience.

However, the TCPA does not allow solicitors to auto dial businesses and tie up multiple lines at the same time. It also prohibits automated contact to hospital emergency numbers, 911, physician or health care provider offices, and cell phones that will charge the consumer for the phone call.

Knowing your rights under the TCPA not only gives you leverage if the calls continue, but also gives you guidelines to follow.

If you feel uneasy about the contact you’ve received from telemarketers, check the Telephone Consumer Protection Act and gauge your situation. If you feel after the comparison that your rights may have been violated, contact our local bankruptcy attorney at the Office of Michael A. Ziegler to receive counsel on your situation.

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